Volume 16, Issue 57 (4-2022)                   MLJ 2022, 16(57): 555-570 | Back to browse issues page

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Yousefi M M, Ramezan Saatchi L. Conceptology of Volition and Discernment: A Neuropsychological Approach. MLJ 2022; 16 (57) :555-570
URL: http://ijmedicallaw.ir/article-1-1490-en.html
1- Department of Law and Psychology, Judiciary Research Institute, Tehran, Iran
Abstract:  
Background and Aim: Insanity is a key but ambiguous concept in the penal system. The definition and diagnosis of insanity depends on understanding the two structures of volition and discernment. The purpose of this study is to investigate the concepts of insanity, volition and discernment from a psychological perspective and compare it with a legal perspective.
Method: This research is of theoretical type and its research method is descriptive-analytical. The method of data collection is a library method and has been done by referring to books and articles.
Ethical Considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: In this study, the concepts of free will and volition as well as discernment from a psychological perspective were studied. The authors have tried to bring these concepts, which are mentioned in the text of the Islamic Penal Code, into line with the psychological concepts involved, in order to take a step towards creating more commonality between the legal literature and the experimental behavioral sciences.
Conclusion: In general, none of the classes and disorders of psychiatry can be considered as a complete example of lack of volition or discernment, in other words, it represents legal insanity. Also, in the Iranian legal and forensic system, there are no objective and standard diagnostic tools to determine volition and discernment.
Please cite this article as:
Yousefi MM, Ramezan Saatchi L. Conceptology of Volition and Discernment: A Neuropsychological Approach. Medical Law Journal. 2022; 16(57): e42.
Type of Study: Original Article |
Received: 2022/01/7 | Accepted: 2022/06/2

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